Responding to a written warning

Q: I recently received a written warning, which listed several “areas requiring action and attention” at work.  Am I doomed?  Should I just pack it up and resign?  Do employees ever get a second chance after receiving one of these?  I am humiliated so I am guessing I should just look for another job where the standards are looser.

A: A written warning is often used to alert an employee to ongoing concerns regarding the employee’s performance.  I don’t know what “areas are requiring action and attention,” but your written warning may give examples.  If the documents shares examples, it might be useful to think back to those specific situations and brainstorm what you could have done differently.

Sometimes a written warning is an attempt to bring the employee’s performance back to an acceptable level.  Sometimes a written warning is a step intended to send a strong message of “you are very close to being terminated.”  I have seen a written warning used in both situations.

I would review the written warning carefully and think about the contents and how you can improve.  If you believe that this role and this company is a good fit for your skills and career interests, you should make a genuine effort to improve.  If you feel that this is “just a job” and you don’t have any serious interest in this industry, it might be an opportunity to explore other roles with other companies.  However, I would still urge you to think about the contents of the warning.  If the warning mentions general work habits like punctuality, listening, working on a team, following instructions, etc., then these same work habits would very likely be expected in your next job.

I am concerned that you were hoping for a job where the job standards are “looser.”  Companies hire employees to add value.  Adding value might be creating a product or delivering a service.  If an employer assesses your performance and determines you are not adding value, then they have to make a decision on whether to continue to employ you or not.  Most companies make decisions based on the facts associated with a situation.  Some are not as ethical.  Either way, don’t only consider a job if the job requirements are “looser” than your current role.

A written warning can contain harsh feedback, but sometimes it may be warranted.  Listen to the feedback.  It may be harsh but it may be helpful to your career development too.

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section.

Understanding options after a job elimination

Q: I have a question and was wondering if someone can help me in answering it.  I was recently told that my position was being eliminated at one of the big four accounting firms.  I was told that they are going to look in another city in the country to staff my position out of.  I was not offered to relocate or to apply for this position but asked to help train my replacement.

I am an employee at will and not sure if this is legal or not, could someone help me in understanding my options?

A: It sounds like you are in an unfortunate situation.  First, I have to make the assumption that you work in Massachusetts.  Employment laws differ between states, and there are significant differences between states with respect to employment at will.

Most employees within the US, and in Massachusetts, are employees at will.  Employees working in an at-will arrangement, do not have an employment contract.  An at-will employment arrangement gives both the employer and the employee the ability to end the employment relationship at any time. In your situation, since you are an at-will employee, your employer can terminate your employment at time.  However, your employer still needs to be careful of other employment laws.

If you are at-will, your employer does not have to find you another role in the US.  They also do not have to offer you relocation.  However, that does not mean you cannot ask about open positions elsewhere and if they would offer any type of relocation assistance.  Although not legally required, I would also ask about severance if you do not remain employed with your company.

Employers still need to exercise caution when terminating employees.  If an employee participated in a protected activity like whistle blowing, and then was terminated, this termination could certainly face legal challenges.  Terminations should also be reviewed to ensure that the termination is not based on an employee’s membership in a protected class (e.g., age, race, color, etc.).  Also, a termination could face legal challenges if the employee was on a job-protected leave or the employee participated in an investigation of a discrimination complaint.

Employees are terminated for a variety of legal business reasons, including a company’s financial performance,  moving a company’s operations, outsourcing a function, or a change in business strategy.  However, a careful analysis should be performed in advance of a employee termination.

For more information about Massachusetts laws and employee terminations, visit http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-subj/about/termination.html

You may contact an employment attorney to review the specific facts around your termination.  One resource that may be helpful is the Massachusetts Bar Association’s Lawyer Referral Services (www.masslawhelp.org).

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section.

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